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Occupational Diseases in Mines and Works Act, 1973 (Act No. 78 of 1973)

Chapter III : Certificates of fitness, and medical and other examinations

27. Procedure where presence of compensatable disease is suspected

 

(1) The director shall within fourteen days after a medical examination of the holder of a certificate of fitness—
(a) who has not previously been found to be suffering from a compensatable disease and who is considered or suspected to be suffering from such a disease; or
(b) who has previously been found to be suffering from a compensatable disease and who is considered or suspected to be suffering from a more advanced degree of the disease in question,

submit to the certification committee a full report on the result of the examination.

 

(2) Subject to the provisions of subsection (3), the director shall not issue a certificate of fitness to a person referred to in subsection (1) until the certification committee has determined whether or not he or she is suffering from a compensatable disease, and, if he or she is found or has previously been found to be suffering from a compensatable disease, the degree of that disease.

 

(3) The director may issue to a person referred to in subsection (1)—
(a) who is not considered or suspected to be suffering from tuberculosis or any other infectious disease; or
(b) who is considered or suspected to be suffering from tuberculosis which in the opinion of the director is non-infectious and is not likely to become infectious; and
(c) who is considered to be fit to perform risk work at a controlled mine or a controlled works,

a temporary certificate of fitness which shall be valid for a period not exceeding sixty days to be specified therein, in order to enable that person to continue working until the decision of the certification committee is made known.

 

(4) If the certification committee finds the person concerned—
(a) to be free from a compensatable disease; or
(b) to be suffering from a compensatable disease which does not disqualify him or her from obtaining a certificate of fitness,

the director shall forthwith issue a certificate of fitness to that person.

 

(5) A certificate of fitness may be issued under subsection (4) of this section subject to any restriction contemplated in section 23 (4).

[Section 27(5) amended by section 43 of the Occupational Diseases in Mines and Works Amendment Act, No. 208 of 1993]